Nikki Christen IS534 Gov Info Sources A Guide for First Time Gun Owners in Tennessee The guide

was created with a new gun user and purchaser in mind. It provides a structured outline to supplement class materials and quick reference for future use. Government and nongovernment sources have been used to provide the pathfinders information. Concepts covered include firearm legislation, gun purchasing overview, and weapons for consideration. They are not meant to be all-inclusive, but instead be an introduction to the experience of purchasing and owning a firearm and learning to locate the appropriate information to protect oneself from possible liabilities. Firearm Legislation Enacted legislation gives the history and progression of firearms accessibility and processes and gun owners rights. It is important to stay current with firearms laws and regulations. Failure to do so can put one at risk for criminal and civil liabilities. The following legislation can be located through the following websites by searching for their U.S.C. number or the name of the rule or regulation. The sites will provide the most current edition of the legislation. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF): Federal Firearms Reference Guide: http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf Thomas, Library of Congress: www.thomas.gov United States Code, Office of the Law Revision Counsel: http://uscode.house.gov/search/criteria.shtml National Rifle Association, Institute for Legislative Action: www.nraila.org Government Printing Office (GPO): www.gpo.gov Federal Register: www.federalregister.gov

Federal 2nd Amendment A well regulated Milita, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. US Constitution, Bill of Rights National Firearms Act (NFA) of 1934, 26 U.S.C. Ch. 53 Imposed a tax ($200) on making and transferring of firearms listed in the Act and on those that imported, manufactured, and were dealers of listed and defined firearms of the NFA. Also, the Act required the firearms to be registered with the Secretary of Treasury. Defines what length, caliber, and other firearm aspects that are legal and illegal. Enacted by the 74th Congress in

Nikki Christen IS534 Gov Info Sources response to the gangster type machineguns and short-barreled shotguns. Gun Control Act (GCA) of 1968, 18 U.S.C. Ch. 44 Outlawed mail order purchases of rifles and shotguns, expanded upon licensing requirements to dealers, detailed bound books and records mandated, handgun sales crossing state lines became restricted, and individuals with felonies, are confirmed mentally incompetent, etc. were eliminated from purchasing eligibility. President Lyndon Johnson was a key supporter of the Act and it was quickly passed after the assassinations of John F. Kennedy, Martin Luther King, and Robert F. Kennedy. The Gun-Free School Zones Act; Crime Control Act of 1990, Pub. L. 101-647, section 1702 Enacted criminal penalties for possession and discharging a firearm in a school zone. Brady Handgun Violence Prevention Act of 1994; enacted 1998, Pub L. 103-159 Enacted federal computerized background checks by the newly created National Instant Background Check System (NICS), http://www.fbi.gov/about-us/cjis/nics, on all individuals purchasing a firearm, handgun or long gun. The National Rifle Association (NRA) opposed the legislation. Even though it did pass, the NRA did successfully get the five-day waiting period for purchasers removed from the legislation. The legislation was named for the attempted assassination on Jim Brady, press secretary to Ronald Reagan, in 1981. Brady attempted murdered had purchased the weapon after being under psychiatric care and supplied fake information on the purchase application. State of Tennessee State of Tennessee Constitution, Article 1, Section 26: That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime. Purchasers must be 21 years of age to purchase a handgun and 18 years of age for a long gun. Minors may possess a handgun within certain exceptions, such as for a hunter class or possess a valid hunting or trapping license. (See T.C.A. 39-17-1319 for the full list to ensure compliance.) There are no permits required to purchase a firearm of any kind in Tennessee. Only the permit to carry a handgun is required. Federal guidelines apply to the purchaser for both types of weapons and background checks will be conducted through the Tennessee Bureau of Investigations (TBI) Instant Check System (TICS). TBI will charge $10 for the transaction. Check TBIs TICS site: http://www.tbi.tn.gov/firearm_check/firearm_back_check.shtml for further information.

Nikki Christen IS534 Gov Info Sources The following section includes relevant Tennessee Codes Annotated. They can be found in their entirety and current editions at: LexisNexiss site http://www.lexisnexis.com/hottopics/tncode/; search for the T.C.A. #. Tennessees General Assemblys site: http://www.capitol.tn.gov/; under Legislation. TBIs Guidelines for Federal Firearm Licensees: http://www.tbi.tn.gov/firearm_check/firearm_docs/FFL_20Guidelines_pdf.pdf National Rifle Association, Institute for Legislative Action: www.nrsila.org/gun-laws/state-laws/tennessee.aspx# Self-Defense Law, T.C.A. 39-11-611 An individual does not have a requirement to retreat before using deadly force as long as one is acting and located lawfully. A reasonable fear of imminent death or serious bodily injury is assumed if a residence, business, or vehicle is entered unlawfully and forcibly. Statutes also relevant and reflect this principle: Defense of third person, T.C.A. 39-11-612; Protection of Property, T.C.A. 39-11-614; Protection of Third Persons Property, T.C.A. 39-11-615; Use of Deadly Force by Private Citizen, T.C.A. 39-11-621; Justification for Use of Force, Exception and Immunity from Civil Liability, T.C.A. 39-11-622. Concealed Weapon Permits, T.C.A. 39-17-1315 & 39-17-1351 The Tennessee Code Annotated allows for permits to be issued through the Department of Safety, www.tn.gov/safety, to state residents that pass federal purchasing regulations and handgun safety course. It is valid for 4 years and the resident is then required to apply for renewal. The initial cost is $115 and the renewal fee is $50. The permit allows for the concealed and open carrying of handguns on an individual and in a private vehicle. However, it must be in plain view or in a commercial case. Glove compartment and console box storage is not acceptable and the ammunition must be located separately from the firearm. One may carry in a location that serves alcohol as long as one is not consuming (T.C.A. 39-17-1321). It does not apply to long guns, such as rifles or shotguns. Out-of-State permits and State-to-State Reciprocity Agreements Tennessee recognizes any facially valid out-of-state permit and will treat it as if it were issued in this state (T.C.A. 39-17-1351). A majority of states have a reciprocity agreement and return this favor with Tennessee. However, the following states do not honor Tennessee handgun permits: Illinois, New York, Massachusetts, Connecticut, Rhode Island, New Jersey, Maine, Maryland, District of Columbia, Oregon, California, and Hawaii. The permit does not allow individuals to carry their weapon in the following locations: Judicial Proceedings (T.C.A. 39-17-1306), Schools (T.C.A. 39-17-1309 & 1310), posted parks and recreation property (T.C.A. 39-17-1311), correctional facility (39-16-201), or any location correctly posted (39-17-1359).

Nikki Christen IS534 Gov Info Sources Long Gun Regulations, T.C.A. 39-17-1316 Rifles or shotguns may be purchased by those 18 years of age and qualifies according federal guidelines to pass the TICS background check. The long gun may be carried in a private vehicle as long as there is not a live round in the chamber and ammunition is not within the immediate vicinity of the firearm (T.C.A. 39-17-1307). Local The State of Tennessee does not allow local governments to create new ordinances or laws for regulating ownership or transportation of firearms. The preemption law, T.C.A. 39-17-1314, does grandfather in pre-1986 ordinances and laws enacted, but most regulations are still superseded by the States. Overview of Gun Purchasing Application & Eligibility State of Tennessee list of handgun eligibility requirements: Ability to provide proof of US Citizenship or Lawful Permanent Residency; having not renounced citizenship. Be a resident of the State. Be at least 21 years old. Should not have been convicted of a felony offense punishable by more than one year. Should not be recipient of an order of protection, convicted of domestic violence or stalking, or be a fugitive from justice. Be an unlawful user or addicted to alcohol or control substance. Additionally, not been a patient in a rehabilitation program or hospitalized for substance abuse or addiction within 10 years of application. Have no prior conviction of driving under the influence in Tennessee or any other state 2 or more times within 10 years of application and neither of those within the last 5 years. Have been adjudicated as mentally defective: not been admitted in a mental institution, had a court appointed conservator, or be judicially determined to be disabled by mental capacity with an immediate substantial likelihood of serious harm within 7 years of application. Not be receiving social security disability benefits due to alcohol or drug dependence or mental disability. Not have been dishonorably discharged from the Armed Forces.

State of Tennessee Handgun Application Process

Nikki Christen IS534 Gov Info Sources Successfully complete a Department of Safety approved Handgun Safety Course within 6 months of application. Provide certified proof of US Citizenship or Lawful Permanent Residency, no photocopies allowed. Pass a TICS background check at a cost of a non-refundable $10 to the TBI. Submit completed application to a full service Driver License Service Center location. a. Present photo ID when filling out the application. b. Pay $115 non-refundable application fee. When the application is processed at the center, instructions will be given on the fingerprinting procedure.

For long guns, the process is shorter and limited to interactions with the licensed dealer/seller. Qualifications are similar to that of the handgun, but are limited to the minimum age 18 years old to purchase, no permit is required, and a TICS/NICS check is passed. Results and Appeals This process applies to any background check provided by the TICS or NICS unit regardless of type of firearm. To fulfill federal requirements, TICS searches the following databases: Tennessee Criminal History Repository, State of Tennessee Orders of Protection, National Crime Information Center, Interstate Identification Index, and the National Instant Check System. Specific reasons for denial cannot be given over the phone. An applicant must fill out an Appeal of Denial of Attempted Firearm Transfer available on the TICS website: http://www.tbi.tn.gov/firearm_check/firearm_faqs.shtml. o A review process will begin to decide if the denial will be upheld or overturned. Due to the initial check being valid for 30 days, the appeal needs to be turned in as soon as possible. If it is not received within these 30 days, the appeal will not be processed. Conditional Proceed - TICS will contact the appropriate agencies for missing information. If the reason for denial was missing information on the part of an agency and cannot be determined within 15 days, a conditional proceed may be issued. The conditional proceed allows the dealer the option to complete the sale, but they may choose not to do so. If the choice is to not to complete the sale, an appeal can be made to the NICS unit through their site, http://www.fbi.gov/about-us/cjis/nics/appeals/nicsappeals-process/appeals-home, to further the process.

Nikki Christen IS534 Gov Info Sources Weapons for Consideration Familiarity with the firearm types, calibers, and ammunitions available are essential in understanding its purpose and handling. This understanding and a respect for the weapon will help prevent carelessness and accidents. With any type of weapon, training is crucial. Weapons should be practiced with regularly to maintain familiarity. The following list includes some of the most common weapons used for home and personal defense. The most common calibers for home defense are .38 specials for revolvers, .22 caliber or 9mm for semiautomatic handguns, and 12, 16, or 20 gauges for shotguns. Going with this size of ammunition would be beneficial because it is more common and therefore a little more affordable, especially in bulk. The list focuses on the type and handling of the weapon rather than their calibers. With a few exceptions, a weapon that is appropriate and familiar for its owner can usually be more effective than its caliber. Learn the areas dealers and sellers and their stock and procedures. Not everyone that is licensed is knowledgeable or reliable. If you do not feel comfortable purchasing a used gun from a dealer, pawn shop, etc., go with a new gun from a reputable dealer. For further information and discussions, please visit the following sites. They provide good community information and forums for the first time buyers and gun enthusiasts alike. National Rifle Association: www.nra.org Tennessee Firearms Association: www.tfaonline.org Tennessee Gun Owners: www.tngunowners.org Defensive Carry: www.defensivecarry.com

Long Guns Shotgun - A very common choice for first time buyers. Simple in design and operation. Distance is not as big of a factor because of the level of firepower and ammunition available. It is very versatile and has other uses for the owner if needed, such as small game hunting and, if permitted, large game hunting. According to the National Firearms Act, the barrel must me 18.5 inches or longer to be legal. Rifle A less common choice for home and personal defense, but not totally unheard of. They can be more accurate and are usually used for hunting and sports. Additional weight and size are handling aspects to consider when looking at these firearms. Assault Rifles This is usually the choice for gun enthusiasts to have in their homes. They carry the high-powered versatility and accuracy that is coveted by

Nikki Christen IS534 Gov Info Sources those that want a more tactically functional weapon at home. Like other weapons, they come in a variety of choices, but make sure to check with a licensed dealer to determine the allowed weapons under the National Firearms Act. Handgun Revolver Easy to handle and maintain, reliable. Most have automatic hammers that will not need to be cocked each time. Things to be considered are the lower ammunition capacity and slower reload rate. While these can be detrimental to buyers, the wider girth of many revolvers should also be considered if the weapon is going be used with a concealed permit. Without a proper holster or carrier, they can be slightly more bulky than semi-automatics. Semi-Automatic A common choice for many home and personal defense purposes. They are easy to learn to shoot, reload, and maintain quickly. Additional pluses are the higher ammunition capacities and ease of concealment with permit. Unfortunately, these aspects may also bring negatives to the weapon. Worn springs, cheaper magazines, and improper shooting can cause malfunctions. These weapons also are more complex than other handguns and may have a slightly higher learning curve for cleaning and operation.